Hearing on motion to dismiss set in Hebrew National class-action suit

(JTA) – A hearing on a motion to dismiss a consumer fraud case against the company that produces Hebrew National products has been scheduled for Nov. 30 in a federal court.

The hearing will be held at the U.S. District Court in Minneapolis.

ConAgra Foods Inc., which owns the Hebrew National brand, on July 26 filed the motion to dismiss a class-action suit that alleges that Hebrew National’s iconic hot dogs and other meats do not comport with the brand’s claim to be kosher “as defined by the most stringent Jews who follow Orthodox Jewish law.” The ConAgra motion states that the case should be dismissed because, among other reasons, kosher is “exclusively a matter of Jewish religious doctrine.” It also states that under the First Amendment, “federal courts may not adjudicate disputes that turn on religious teachings, doctrine and practice.”

The suit, which was filed May 18 in a Minnesota state court, accuses ConAgra of consumer fraud. ConAgra has rejected the claims.

Triangle-K, the Brooklyn, N.Y.-based supervising agency that certifies Hebrew National products as kosher, and AER, which provides the kosher slaughtering services at Hebrew National facilities in the Midwest, including in Minnesota, also rejected the allegations. Neither is named in the suit.

The suit is seeking monetary damages equal to the total amount of monies that consumers in the class paid for Hebrew National meat products.

Zimmerman Reed, which has offices in Minneapolis and Scottsdale, Ariz., solicited consumers through its website. The firm advertised a free case review for anyone who purchased Hebrew National hot dogs in the past two years or had information about the preparation of the products.